Southern Railway Co. v. Latham
Supreme Court of North Carolina
ActioN, tried before Adams, J., and a jury, at April Term, 1918, of Guilford. Tbe action is to recover by reason of freight charges on shipments of cotton made by defendants over plaintiff road in September, 1910, and, thereafter, to various points in and beyond borders of tbe State, tbe balance due on such charges alleged in tbe complaint amounting to $1,192.76. On denial of liability, tbe case was beard on tbe three following issues: 1. Did the plaintiff and tbe defendants…
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ActioN, tried before Adams, J., and a jury, at April Term, 1918, of Guilford. Tbe action is to recover by reason of freight charges on shipments of cotton made by defendants over plaintiff road in September, 1910, and, thereafter, to various points in and beyond borders of tbe State, tbe balance due on such charges alleged in tbe complaint amounting to $1,192.76. On denial of liability, tbe case was beard on tbe three following issues: 1. Did the plaintiff and tbe defendants enter into an agreement by the terms of which the defendants were to pay to plaintiff the freight for the several…
1Opinion of the CourtIIokb, J.
There seems to be no substantial difference between these parties as to the essential facts of the controversy. From the admissions in the pleadings and the facts in evidence, it appears that plaintiff railroad, a common carrier of inter and intrastate commerce, in obedience to .and in accordance with the Federal and State statutes applicable and the rules and. regulations of the Interstate Commerce Commission and of the •Corporation Commission of North Carolina,has duly established a schedule and tariff of rates in shipments of freight into and out of Greensboro, ,N. C., and that- the same…
2Cases cited4 opinions
- Texas & Pacific Railway Co. v. MuggSupreme Court of the United States · 1906
- Baltimore & Ohio Southwestern Railway Co. v. New Albany Box & Basket Co.Indiana Court of Appeals · 1911
- Central of Georgia Railway Co. v. Birmingham Sand & Brick Co.Alabama Court of Appeals · 1913
- Asheboro Wheelbarrow & Manufacturing Co. v. Southern Railway Co.Supreme Court of North Carolina · 1908
3Cited by6 opinions
- Southern Pacific Co. v. Oregon Growers Co-Operative Ass'nOregon Supreme Court · 1928
- Edenton Cotton Mills v. Norfolk Southern RailroadSupreme Court of North Carolina · 1919
- Atlantic Coast Line Railroad v. West Paving Co.Supreme Court of North Carolina · 1947
- Davis v. . GulleySupreme Court of North Carolina · 1924
- Davis v. Latham-Bradshaw Cotton Co.Supreme Court of North Carolina · 1923
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